Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts

Rules of the Chief
Administrative Judge

PART 142. Criminal Division of Supreme Court in Bronx County

§142.1. Establishment of a Criminal Division of Supreme
Court in Bronx County.

The Chief Administrator of the Courts,
following consultation with and agreement of the Presiding
Justice of the First Judicial Department, may establish,
by administrative order, a Criminal Division of Supreme Court
in Bronx County and assign one or more justices to preside
therein. Subject to the further limitations prescribed in
this part, such Criminal Division shall be devoted to the
hearing and determination of all criminal cases commenced
in or transferred to the courts sitting in Bronx County provided
at least one felony or misdemeanor is charged.

§142.2. Transfer of criminal cases to the Criminal Division of Supreme Court.

Where the Chief Administrator establishes a Criminal Division of Supreme Court
in Bronx County pursuant to section 142.1 of this Part:

(a) Each criminal case then pending or thereafter commenced
in the Supreme Court in such county, and each criminal case
thereafter transferred to Supreme Court in such county from
Supreme Court in another county, shall be referred for disposition
to such Criminal Division and further proceedings in such
case shall be conducted in a part established therein.

(b) All criminal cases then pending or thereafter commenced
in the Criminal Court of the City of New York in Bronx County,
in which at least one felony or misdemeanor is charged, shall,
following arraignment, be transferred therefrom by the Administrative
Judge for the Supreme Court in Bronx County to the Supreme
Court in such county upon a finding that transfer of these
cases would promote the administration of justice, and thereupon such
cases shall be referred for disposition to such Criminal
Division and further proceedings in such cases shall be conducted
in the parts established therein. Provided, however, that
no criminal case may be transferred pursuant to this subdivision
where such case is returnable in a summons part of the Criminal
Court and no felonies or class A misdemeanors are charged
therein.

§142.3.Procedure upon transfer of a criminal case hereunder.

Each case
transferred from the Criminal Court of the City of New York to the Supreme Court
and referred for disposition to the Criminal Division thereof pursuant to section
142.2 of this part shall be subject to the same substantive and procedural law
as would have applied to it had it not been transferred.